Madras High CourtWP/25090/2017disposed of

P.Thangarasu, v. Government Of Tamilnadu

2017-12-14Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2017

CORAM:

THE HONOURABLE Mr. JUSTICE N.SESHASAYEE W.P.No.25090 of 2017 P.Thangarasu ... Petitioners Vs 1.The Government of Tamil Nadu Rep by the Principal Secretary to Government Transport Department Secretariat, Chennai.

2.The District Collector/ Land Acquisition Officer (Project of Formation of New Broad Guage Railway line between Chinna Salem and Kallakurichi)Villupuram District, Villupuram.

3.The Chief Administrative Officer Southern Railways - Construction Division E.V.R.Salai, Egmore, Chennai - 8.

4.The Deputy Chief Engineer (Construction) Southern Railways Salem Division Salem.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 15.07.2017 through which requesting to consider all relevant aspects including the market value, while fixing the compensation in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the petitioner's land comprised in Survey Nos.130/1B1, 130/2B, 130/3A, 130/4, 130/B3, 130/1B3 situated at Porpadakurichi Village, Revenue District of Villupuram, Kallakurichi Taluk relating to acquisition of land for formation of New Broad Gauge Railway line between Chinnasalem and Kallakurichi.

For Petitioners: Mr.R.Neelakandan for Mr.C.Mahendran For Respondents: Mr.A.Zakir Hussain [R1 & R2] Government Advocate Mr.S.Muthusamy [R3 & R4]

ORDER

The present writ petition is filed seeking a direction of this Court to direct the second respondent to consider the representation of the petitioner dated 15.07.2017, for passing the award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30/2013).

2. The brief facts are that: the petitioner owns a total extent of 0.39.5 acres of land comprised in Survey Nos.130/1B1, 130/2B, 130/3A, 130/4, 130/B3, 130/1B3 of Porpadakurichi Village, Kallakurichi Taluk, Villupuram District. While so, the Government has issued a notification indicating its proposal to acquire his lands Vide its G.O.Ms.No.111, Transport (I.1) Department, dated 12.06.2012. In the meantime, under the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act, 2013 (Central Act 30/2013) has come into force on 01.1.2014, pursuant to which, the first respondent dropped the initial proposal to acquire the lands. Be that as it may, the second respondent issued a notification dated 30.06.2016 under Section 3(2) of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997 (Tamil Nadu Act 10/1999), which was objected to by the petitioner.

3. The only prayer of the petitioner is that while computing the compensation payable to the petitioner, the second respondent shall consider the representation of the petitioner to compute the same in terms of the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act, 2013 (Central Act 30/2013).

4. Mr.A.Zakir Hussain, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.S.Muthusamy, learned counsel takes notice for the third and fourth respondents.

5. Since no award has yet been passed, this Court directs the second respondent to consider the representation of the petitioner dated 15.07.2017 when he proceeds to pass an award. The petitioner may also be granted an opportunity of hearing in the matter before passing the award.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ds To 1.The Principal Secretary to Government, Transport Department Secretariat, Chennai.

2.The District Collector/ Land Acquisition Officer (Project of Formation of New Broad Guage Railway line between Chinna Salem and Kallakurichi)Villupuram District, Villupuram.

+ 1 cc to Mr.S. Muthusamy, Advocate SR.89597 + 1 cc to Mr.Government Pleader SR.89441/2017 (attached in WP.25089 of 2012) + 1 cc to Mr. C.Mahendran, Advocate SR.89135 W.P.No.25090 of 2017 (CCC) EU(04/01/2018)